Jharkhand High Court
Shailendra Gupta @ Shailendra ... vs The State Of Jharkhand on 2 December, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 3598 of 2022
1. Shailendra Gupta @ Shailendra Kumar Gupta, aged about 41 years,
S/o Rameshwar Prasad, R/o Sati Mandir Lane, Road No.7, Opp.
Oriental School, Keshaw Nagar, Ratu Road, P.O. G.P.O., P.S.
Sukhdeonagar, District- Ranchi, Jharkhand-834001
2. Nishant Kumar, aged about 35 years, S/o Shailendra Kumar Srivastav,
R/o 1-d Brindawan Apartment, Harihar Singh Road, Khuriram Bose
Chowk, Morabadi, Ranchi University, Kanke, P.O. Ranchi University, P.S.
Bariyatu, District- Ranchi
3. Omprakash Mishra aged about 30 years, S/o Sri Sambhu Nath Mishra,
R/o A/4, Lal Sahab Compound, Sadabahar Chowk, Namkum Bazar,
Khijri, P.O. Namkum, P.S. Namkum, District- Ranchi
4. Uttam Kumar, aged about 32 years, S/o Kanhiya Prasad Roy, R/o 1b,
1st Floor, Kinudeep Enclave, Road No.6, Prem Nagar, Latma Road,
Singh More, Hatia, P.O. & P.S. Hatia, District- Ranchi
5. Pintu Kumar @ Pinnu Kumar, aged about 27 years, S/o Jay Chandar
Sah, R/o Bhagawanpur Ratti, Bhagawanpur, Vaishali, P.O. Balukaran,
P.S. & Dist. Vaishali, Bihar
6. Somenath Kundu, aged about 39 years, S/o Saroj Kundu, R/o H.
No.30, Golpahari, P.O. Tatanagar, P.S. Parsudih, Near Kali Mandir,
Jamshedpur, District- Purbi Singhbhum
7. Vishal Sahu @ Vishal Kumar Sahu, aged about 36 years, S/o Birendra
Prasad Sahu, R/o Barampur, Balrampur, P.O. Rangadih, P.S.
Balarampur, District- Purulia, West Bengal ... Petitioners
-Versus-
1. The State of Jharkhand
2. Dr. Satya Prakash Ranjan, S/o Satya Narayan Sinha, R/o Flat No.210,
Sri Ramkrishna Enclave, Green Park Area, Saraitand, Road No.3,
Edalhatu Road, Morabadi, P.O. Morabadi, P.S. Morabadi, District-
Ranchi, Jharkhand ... Opposite Parties
-----
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
-----
For the Petitioners : Mr. Onkar Nath Tiwary, Advocate
For the Opposite Party-State : Mr. Vineet Kumar Vashistha, S.P.P.
For Opposite Party No.2 : Mr. Sameer Saurabh, Advocate
-----
03/02.12.2022. This petition has been filed for quashing the entire criminal
proceeding including FIR in connection with Bariatu P.S. Case No.15/2021,
pending in the court of the learned Judicial Magistrate, Ranchi.
2. Mr. Onkar Nath Tiwary, learned counsel for the petitioners submits
that the petitioners are employees of Bajaj Finance Limited and opposite
party no.2 is a doctor and his wife has taken loan from the said company
and the loan amount was insured. He submits that in view of the insurance,
the amount has been received by Bajaj Finance Limited. He submits that
compromise has been reached between the petitioners and opposite party
no.2 and for that I.A. No.10406 of 2022 has been filed, which is supported
on separate affidavits of both the sides.
3. Mr. Sameer Saurabh, learned counsel for opposite party no.2 submits
that compromise is there and opposite party no.2 does not want to proceed
further and entire criminal proceeding including the FIR may be quashed.
4. Mr. Vineet Kumar Vashistha, learned counsel for the State submits
that it appears that both the parties have compromised the matter.
5. In view of the above facts and submissions of the learned counsel
appearing for the parties and also considering that there is no societal
interest and opposite party no.2 does not want to proceed further and the
amount in question has been received by Bajaj Finance Limited and also
considering the judgments passed by the Hon'ble Supreme Court in Gian
Singh v. State of Punjab & another; [(2012) 10 SCC 303] and in
Narinder Singh & others v. State of Punjab & another; [(2014) 6
SCC 466, the entire criminal proceeding including FIR in connection with
Bariatu P.S. Case No.15/2021, pending in the court of the learned Judicial
Magistrate, Ranchi is, hereby, quashed.
6. Accordingly, this petition stands allowed and disposed of.
7. Consequently, I.A. No.10406 of 2022 stands disposed of.
(Sanjay Kumar Dwivedi, J.)
Ajay/
